HomeMy WebLinkAboutResolution - 5083 - Agreement - SPAG - Cash Payment In Lieu Of Donated Commodities - 01_25_1996Resolution No. 5083
January 25, 1996
Item #18
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for Cash Payment In Lieu of
Donated Commodities, attached herewith, by and between the City of Lubbock and South
Plains Association of Governments, and any associated documents, which Agreement shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 25 th day of January , 1996.
ATTEST:
a C:�'-Zxe' -
Betty NP Jo'hnsonV City Secretary
APPROVED AS TO CONTENT:
Todd Steelman, Supervisor of Indoor
Recreation
APPROVED AS TO FORM:
ald G. Vandiver, First Assistant
City Attorney
DGV :dalccdocs/A-SPAG. res
January 12, 1996
Resolution No. 5083
January 25, 1996
Item #18
AGREEMENT FOR CASH PAYMENT
IN LIEU OF DONATED COMMODITIES
(Nutrition Programs for the Elderly)
BETWEEN
SOUTH PLAINS ASSOCIATION OF GOVERNMENTS
AND
CITY OF LUBBOCK
STATE OF TEXAS
COUNTY OF LUBBOCK
SECTION 1.
USDA--96-A100
This Agreement is made by and between the South Plains Association of
Governments pursuant to its authority under Chapter 101, Human Resources
Code, Texas Civil Statues, as amended by the 71st Legislature, Regular
Session, hereinafter referred to as "SPAG" and City of Lubbock, hereinafter
referred to as the "Contractor."
SECTION 2.
This Agreement is made to provide payment to Contractor of USDA Cash
in Lieu of Commodities as provided by 307 (a) (7) of the Older Americans
Act of 1965, as amended (42 U.S.C., Section 3001, et. seq.). For the
purposes ofo this Agreement ("Regulations") refers to the regulations of
the United States Department of Agriculture thereunder (7 CFR Part 250 and
any amendments thereto.
SECTION 3.
This Agreement shall be effective from October 1, 1995 through
September 30, 1996 when executed by both parties and shall continue until
terminated, as provided herein. Either party hereto may, by giving at
least 30 days written notice, terminate this Agreement: Provided however,
that upon receipt of evidence that the terms and conditions of this
Agreement and Regulations have not been fully complied with by the
Contractor, SPAG may terminate this Agreement immediately by notice in
writing to the Contractor. Provided further, that, in the case of
noncompliance with the Civil Rights regulations, terminations shall be in
accordance with hearing procedures established therefore.
Upon any termination of this Agreement, the Contractor agrees to
comply with the instructions of SPAG either to disburse all cash payments
received hereunder remaining in its possession or to return such payment to
SPAG. SPAG agrees to perform the following services:
A. To the extent that funds are available, to make cash payments to
the Contractor pursuant to 250.12 of the Regulations, in a pro
rata amount, based on eligible meals served.
The Contractor agrees:
A. To accept payments provided by SPAG pursuant of 250.12 of the
Regulations.
B. To establish procedures to ensure that such disbursements are used
solely for the purpose of purchasing United States agricultural
commodities and other foods of United States origin for use in
feeding operations.
C. To maintain and retain, for three years from the close of the
Federal fiscal year to which they pertain, complete and accurate
records of all amounts received.
D. To permit representatives of SPAG to inspect, audit, and copy the
records referred to in (C) above at any reasonable time.
E. To comply with any instructions or procedures issued in connection
with the Regulations.
F. To assure SPAG that the program of cash disbursements made here-
under will be conducted in compliance with all requirements
imposed by or pursuant to the Civil Rights Act of 1964 and
regulations of the United State Department of Agriculture there-
under (7 CFR Part cluding amendments thereto.
WITNESS OUR Hands effective thi 141�f 1995.
Ty
Signed: Mayor
Authorized ignatur 1 le
David R. Langston
Reviewed by:
ra Crowder, Finance Director
Approved and accepted on behal
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